CBP Statement On Canada’s Legalization Of Marijuana and Crossing The Border

UPDATED: 10/09/2018

DISTRICT OF COLUMBIA: U.S. Customs and Border Protection enforces the laws of the United States and U.S. laws will not change following Canada’s legalization of marijuana. Requirements for international travelers wishing to enter the United States are governed by and conducted in accordance with U.S. Federal Law, which supersedes state laws. Although medical and recreational marijuana may be legal in some U.S. States and Canada, the sale, possession, production and distribution of marijuana or the facilitation of the aforementioned remain illegal under U.S. Federal Law. Consequently, crossing the border or arriving at a U.S. port of entry in violation of this law may result in denied admission, seizure, fines, and apprehension.

US Customs and Border Protection

CBP officers are thoroughly trained on admissibility factors and the Immigration and Nationality Act, which broadly governs the admissibility of travelers into the United States.  Determinations about admissibility and whether any regulatory or criminal enforcement is appropriate are made by a CBP officer based on the facts and circumstances known to the officer at the time.

Generally, any arriving alien who is determined to be a drug abuser or addict, or who is convicted of, admits having committed, or admits committing, acts which constitute the essential elements of a violation of (or an attempt or conspiracy to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, is inadmissible to the United States.

A Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the U.S. for reasons unrelated to the marijuana industry will generally be admissible to the U.S. however, if a traveler is found to be coming to the U.S. for reason related to the marijuana industry, they may be deemed inadmissible.

CBP officers are the nation’s first line of defense in preventing the illegal importation of narcotics, including marijuana. U.S. federal law prohibits the importation of marijuana and CBP officers will continue to enforce that law.

Border Patrol Line Hazy On Medical Marijuana

NEW MEXICO:  New Mexico’s Democratic Congressional delegation is teaming up with a state lawmaker in an appeal to the US Customs and Border Patrol to change their policy of seizing medical marijuana.

The federal government has said as long as states abide by 8 specific guidelines – like not selling marijuana to minors or allowing people to drive under the influence – they won’t prosecute for marijuana. However, Border Patrol agents continue to confiscate medical pot.

People living in and around Las Cruces are affected quite a bit because every single road leading out of the state’s second largest city has a border checkpoint.

Democratic Representative Bill McCamley of Las Cruces says that means people who have been legally prescribed medical marijuana cannot travel with their medicine.